Summary
affirming denial of cross-race instruction where identification corroborated by physical evidence
Summary of this case from Applewhite v. McGinnisOpinion
2002-09186.
Decided June 7, 2004.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Tomei, J.), rendered August 21, 2002, convicting him of robbery in the second degree (two counts), upon a jury verdict, and imposing sentence.
Lynn W.L. Fahey, New York, N.Y. (Alexis A. Ascher of counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Diana Villanueva of counsel), for respondent.
Before: DAVID S. RITTER, J.P., MYRIAM J. ALTMAN, WILLIAM F. MASTRO, PETER B. SKELOS, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The defendant was convicted of two counts of robbery in the second degree. The proof at trial included the eyewitness identification of the defendant by a victim and evidence that the defendant was in possession of a necklace with a medallion stolen from the victim when apprehended shortly after the crime. After both sides rested, the defendant requested a jury charge he contended was relevant to the issue of "cross-racial identification," based on State v. Cromedy ( 158 N.J. 112, 727 A.2d 457) and Johnson, Cross-Racial Identification Errors In Criminal Cases (69 Cornell L Rev 934 [1984]). However, on the record presented, the Supreme Court properly denied the defendant's requested jury charge.
RITTER, J.P., ALTMAN, MASTRO and SKELOS, JJ., concur.